1494
[M.S.A. 1876, sec. 6.] Power to detain unsafe ships, and procedure for such detention.
ORDINANCE No. 8 of 1879.
Merchant Shipping.
exceeding $250 in addition to a penalty not exceeding $5 for every passenger carried in excess of such proportion.
Unseaworthy ships.
9. Where a British or Colonial ship being in any port of the Colony, is by reason of the defective condition of her hull, equipment, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter referred to as "unsafe") may be provisionally detained for the purpose of being surveyed, and either finally detained or released, as follows:-
(a.) The Governor, if he has reason to believe on complaint, or otherwise, that a British or Colonial ship is unsafe, may provisionally order the detention of such ship for the purpose of being surveyed.
(b.) When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Governor may, if he thinks fit, appoint some competent person or persons to survey the ship and report to him.
(c.) The Governor on receiving the report may either order the ship to be released, or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo as the Governor thinks necessary for the protection of human life, and may, from time to time, vary or add to any such order.
(d.) Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner, or agent, or master of the ship may appeal in the prescribed manner to the Court of survey constituted under chapter 3, section 13, subsection 10, of this Ordinance.
(e.) Where a ship has been provisionally detained, the owner, or agent, or master of the ship, at any time before the person appointed under this section to survey the ship
1494
[M.S.A. 1876, sec. 6.] Power to
detain unsafe ships, and
procedure for such deten-
tion.
ORDINANCE No. 8 or 1879.
Merchant Shipping.
exceeding $250 in addition to a penalty not exceeding $5 for every passenger carried in excess of such proportion.
Unseaworthy ships.
9. Where a British or Colonial ship being in any port of the Colony, is by reason of the defective condition of her hull, equipment, or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter referred to as "unsafe") may be provisionally detained for the purpose of being surveyed, and either finally detained or released, as follows:-
(a.) The Governor, if he has reason to believe on complaint, or otherwise, that a British or Colonial ship is unsafe, may provisionally order the detention of such ship for the purpose of being surveyed.
(b.) When a ship has been provisionally detained, there shall be forthwith served on the master of the ship a written statement of the grounds of her detention, and the Gov- ernor may, if he thinks fit, appoint some competent person or persons to survey the ship and report to him. (c.) The Governor on receiving the report may either order the
ship to be released, or, if in his
unsafe,may order her to be final opinion the ship is
detained, either abso- lutely or until the performance of such conditions with. respect to the execution of repairs or alterations, or the unloading or reloading of cargo as the Governor thinks necessary for the protection of human life, and may, from time to time, vary or add to any such order.
(d.) Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner, or agent, or master of the ship may appeal in the prescribed manner to the Court of survey constituted under chapter 3, section 13, subsection 10, of this Ordinance. (e.) Where a ship has been provisionally detained, the owner, or r agent, or master of the ship, at any time before the person appointed under this section to survey the ship
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